Luxury Old Torquay Home with Full Resort access
Immerse yourself in comfort, sophistication and coastal beauty at this exclusive retreat near Fisherman’s Beach.
Nestled just 50 meters from the serene Fisherman’s Beach, this resort-style retreat beckons you to a world of coastal grandeur with full access to Wyndham Resort facilities – from the gymnasium to indoor and outdoor pools, plus a tennis court – elevating your stay to an unparalleled experience of leisure and recreation.
Elegance and comfort
This home is a haven for those who love to entertain. Beyond its doors lies an enchanting outdoor retreat featuring a splendid barbecue area paired with a solar-heated inground pool, designed to craft your own exclusive space for outdoor gatherings and moments of pure relaxation.
Quality Linen & Towels Supplied
Fresh Towels Supplied
Washing Machine & Dryer
Reverse Cycle Heating and Airconditioning
Magnesium Plunge Pool
Coastal Walks, Fishing
Smart TVs in every bedroom
Living areas x 2
Crockery & Cooking Utensils
Gas Cook Top
Pots And Pans
Siemens Oven x 2
Refrigerator x 2
Undermount Bar Fridge
Free use of the Wyndham Hotel facilities
Shampoo, Conditioner & Body Wash
50m to Fishermans Beach (across the road)
10 min walk to Torquay town centre
The ocean is a poem without words
Check-in after 3:00 pm
Checkout before 10:00 am
Self check-in with coded entry
50% due at time of booking. Remaining balance due 7 days before arrival.
Before you book, make sure you’re comfortable with our cancellation policy.
To receive a full refund, guests must cancel at least 30 days before check-in.
If guests cancel between 7 and 30 days before check-in, they will be paid a 50% refund for all nights.
If guests cancel less than 7 days before check-in, they will not receive a refund.
Guests can receive a full refund if they cancel within 48 hours of booking, if the cancellation occurs at least 14 days before check-in.
A pre-authorization of AUD 3000.00 is held on 1 days before arrival and voided on 7 days after departure
Terms & Conditions
SHORT TERM LICENCE TO USE PROPERTY
Welcome to our Property. We are glad to have you staying with us and we hope you enjoy your stay.
Please read this document, which sets out the rules for your use of the Property and forms the basis of your agreement with us. The Property is owned and/or operated by the following host (“the Host”): KYLIE WALTON (ABN 29 826 613 185)
The contact details for the Host are: Phone: 0429 180 667
Address: 480 Wurrook Road, Rokewood Victoria 3330
This Agreement is between You (the guest) and the Host.
(1) LICENCE TO USE PROPERTY
In consideration of the mutual benefits and obligations described in this Agreement, the receipt of which and the sufficiency of which are hereby acknowledged, the Host and the Guest hereby agree as follows: (a) Subject to the terms of this Agreement, the Host grants the Guest a licence to use the Property, on the terms of this Agreement. (b) Nothing in this Agreement prevents the Host from entering the Property at any time.
In this Agreement, the following definitions apply: “Accommodation Fee” means the amount that the Guest is required to pay for the use of the Property, such amount being described in this Agreement or as specified by the Host. “ACL” means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth). “Agreement” means this Short Term Rental Agreement. “Agreement Date” means the date that the Guest makes the Booking or otherwise indicates the Guest’s acceptance of the terms of this Agreement. “Booking” means the booking made by the Guest to stay at the Property in accordance with this Agreement. “Arrival Date” means the first date that the Guest is entitled under this Agreement to stay at the Property. “Booking Term” means the period of time that the Guest is entitled to use the Property, subject to the terms of this Agreement, from the check-in time until the check-out time. “Departure Date” means the final date that the Guest is entitled under this Agreement to stay at the Property. “Guest”, “Guests”, “You” or “Your” refers to the person making the Booking, and to all members of the Party that are staying at the Property under that Booking. “Items” means the chattels and other items which the Host provides with the Property, including all carpets, floor coverings, doors, walls, windows, furniture, equipment, bedding, linen, towels, kitchen equipment, crockery, glasses, plates, white goods, electrical equipment, keys, key cards, remote controls and any other items at the Property. “Host” means KYLIE WALTON (ABN 29 826 613 185). “Party” means either the Guest or the Host. “Property” means the following property: 328 Hopkins Point Road, Warrnambool “Reservation Date” means the date that the Booking was made. “Us”, “We” or “Our” refers to the Host.
In this Agreement, unless the context otherwise requires, the following rules of interpretation shall apply: (a) Words referring to one gender include every other gender. (b) Words referring to a singular number include the plural, and words referring to a plural include the singular. (c) Words referring to a person or persons includes companies, firms, corporations, organisations and vice versa. (d) Headings and titles are included in this Agreement for convenience only and shall not affect the interpretation of this Agreement. (e) Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Agreement and the events contemplated by it. (f) Any obligation on a Party not to do something includes an obligation not to allow that thing to be done. (g) All references in this Agreement to sums of money are references to Australian dollars.
(a) The Booking will be confirmed upon communication from the Host to the Guest that the Booking has been accepted. (b) The Booking will not be confirmed until: (I) the Host has received payment of the Accommodation Fee in full; and (II) the Host has received payment of the Security Bond in full; and (III) the Guest has validly agreed to the terms of this Agreement in the manner prescribed by the Host. (c) Once the Booking has been confirmed, the Host grants the Guest a licence to use the Property, subject to the terms of this Agreement.
(5) SECURITY BOND
(a) The Guest must pay a security bond “the Security Bond” in the amount of $3,000 Australian dollars. (b) The Security Bond must be paid in full by the following time: Two days prior to arrival (c) The Security Bond will be held until the termination or expiration of this Agreement. (d) In the event that the Guest breaches a term of this Agreement, the Security Bond may be forfeited to the Host. The Host will determine, in the Host’s sole discretion, whether or not to return some or all of the Security Bond to the Guest. (e) In the event that the Property is damaged, the Host may retain the Security Bond until such time as the damage can be assessed and/or repaired. Once the Host has determined the cost of repairs, any balance Security Bond which is not required to pay for repairs, may be returned to the Guest. (f) Nothing in this Agreement prevents the Host from claiming additional compensation (in addition to the amount of the Security Bond) from the Guest in relation to any breach of this Agreement or in relation to any damage to the Property. (g) The Guest hereby acknowledges and agrees that the Guest may be liable to the Host for any loss or damage that the Host suffers as a result of the Guest’s use of the Property, and that this liability is not limited to the amount of the Security Bond.
(6) PAYMENT FOR BOOKING
(a) In consideration for the Host allowing the Guest to use the Property in accordance with this Agreement, the Guest must pay the Accommodation Fee as specified by the Host. (b) The Accommodation Fee must be paid in full at the time of booking.
(7) BOOKING DATES
The Arrival Date and Departure Date for the Booking may be recorded elsewhere (for example in a booking confirmation email) and are as agreed between the Host and the Guest.
Guests may check-in to the Property from the following time on the Arrival Date: 3pm unless discussed prior.
(a) Guests must check-out of the Property by the following time on the Departure Date (“the Check-Out Time”): 10am. (b) In the event that Guests do not vacate the Property by the Check-Out Time, the Host may charge a late check-out fee in such amount as is prescribed by the Host from time to time.
(10) CLEANING FEE
(a) In addition to the Accommodation Fee, the Guest must pay a fee for cleaning of the Property (“Cleaning Fee”) which will be determined as follows: $250.00 (b) Nothing in this Agreement prevents the Host from claiming additional costs from the Guest in the event that the Cleaning Fee is insufficient to cover the costs of cleaning and/or repairs which have been necessitated by the Guest.
(11) CANCELLATION BY GUEST
(a) In order to cancel a Booking, the Guest must contact the Host in the following way: Mobile/Text – 0429 180 667 (b) For any Bookings which are cancelled within 30 days of the Arrival Date, the following procedure will apply: To receive a full refund, guests must cancel at least 30 days before check-in If they cancel between 7 and 30 days before check-in, they will be receive a refund of 50% for all nights booked. If they cancel less than 7 days before check-in they will not receive a refund for all nights booked. Guests can receive a full refund if they cancel within 48 hours of booking, if the cancellation occurs at least 14 days before check-in.
(12) CANCELLATION BY HOST
In the unlikely event that the Host has to cancel or alter the Booking (for example, due to fire or other damage to the Property), the Host will: (a) advise the Guest at the earliest opportunity about the cancellation or alteration of the Booking; and (b) make all reasonable efforts to accommodate the Guest, on terms that are acceptable to the Guest, in any other rental property that the Host owns or controls, or on any other dates that the Property may be available; and (c) if the Host is unable to accomodate the Guest in accordance with the preceding sub-clause hereof, then the Host will refund to the Guest any money which the Guest has paid to the Host under this Agreement, including any Accommodation Fee, any Deposit, and any Security Bond.
(13) NUMBER OF GUESTS
The maximum number of persons who may occupy the Property is such number as prescribed by the Host.
Children are permitted on the Property, however Guests are responsible for the actions of any and all children in their group, and must take all reasonable steps to ensure that the children comply with the Guest’s obligations under this Agreement.
(15) NO SMOKING
Smoking is strictly prohibited inside the Property.
(16) NO PETS
(a) Guests are strictly prohibited from bringing onto the Property or the surrounding grounds any pet or animal without the prior written consent of the Host. (b) In the event that the Host consents to the Guest bringing a pet or animal onto the Property, the Guest is fully responsible for any pets or animals which the Guest brings onto the Property, and will cooperate with the Host in taking any reasonable steps to minimise the risk of harm, loss or damage that the pet or animal may cause to the Property or to the Host.
(17) NO NUISANCE
(a) Guests must not do anything which may be reasonably considered to cause a nuisance or annoyance, whether to the Host or to anybody else. (b) In the event that Guests cause an unreasonable nuisance or annoyance, that police are called in relation to a nuisance or annoyance that is caused by the Guests, or complaints are otherwise made about a nuisance or annoyance which is caused by the Guests, the Host reserves the right to immediately terminate this Agreement and upon such termination the Guests will have to vacate the Property immediately. Guests will not be entitled to a refund of any money paid to the Host under this Agreement.
(a) Guests must consider neighbours and any other persons within proximity of the Property and must not create excessive noise, whether by loud music or otherwise. (b) In the event that neighbours or other persons are disturbed by excessive noise, police are called for excessive noise, or complaints are otherwise made about excessive noise which is caused by the Guests, the Host reserves the right to immediately terminate this Agreement and upon such termination the Guests will have to vacate the Property immediately. Guests will not be entitled to a refund of any money paid to the Host under this Agreement.
(19) PROPERTY USE
(a) The Property may be used for the following purpose(s): If attempting to access the beach at the front of the home, there is a gate which opens into the neighbouring property whereby you will find stairs to the beach. If you decide to use these stairs it will be so at your own risk. The Host nor the owners of the neighbouring property will not be held liable for any loss, injury, or damage to property, any persons, guests or invitees of the guests who may suffer in connection with the use of the stairs or beach.
(20) CONDITION OF THE PROPERTY
(a) Guests must leave the Property including all carpets, floor coverings, doors, walls, windows, furniture, equipment, bedding, linen, towels, kitchen equipment, crockery, glasses, plates, white goods, electrical equipment, keys, key cards, remote controls and any other items at the Property (“Items”) in a clean, neat and tidy condition. (b) Guests must not damage the Property and must not damage, remove or lose any Items. (c) Guests must immediately notify the Host of any issues with or damage or loss to the Property or any Items. (d) Before vacating the Property, Guests must clean any dishes, remove any food from refrigerators and deal with rubbish as directed by the Host, either by placing it in bins provided or by removing it from the Property. (e) The Guests hereby acknowledge and agree that the Cleaning Fee provided for in this Agreement is a nominal cleaning fee which may not cover all of the Host’s costs in the event that the Guests do not leave the Property in a clean, neat and tidy condition as required by this clause. (f) The Guests hereby acknowledge and agree that in the event that the Guests do not leave the Property in a clean, neat and tidy condition as required by this clause, or in the event that the Guests damage the Property or damage, remove or lose any Items, the Host may charge an additional fee (in addition to the Accommodation Fee, the Cleaning Fee and any other fees provided under this Agreement).
(a) Guests must take all reasonable and necessary steps to safeguard the Guests’ personal property. (b) The Guests and/or any other occupants or invitees of the Guests use the Property at their own risk. (c) Guests must exercise due care at and around the Property including, without limitation, observing any safety directions, instructions or signage and looking out for the safety and wellbeing of themselves, all other Guests, all invitees and occupants of the Property or any other persons. (d) The Guests hereby acknowledge and agree that to the maximum extent permitted by law, the Host will not be held liable for any loss, injury, or any loss or damage to property (“Loss”) which the Guests and/or any other occupants or invitees of the Guests or any other persons may suffer in connection with the Guests’ use of the Property, unless that Loss is caused by the Host’s negligence. (e) The Guests may have certain rights under the Australian Consumer Law (“ACL”), or under other similar or related consumer protection laws. (f) The ACL (or any other similar or related consumer protection laws) may give the Guests certain rights, warranties, guarantees and remedies regarding the provision of services by the Host, which cannot be excluded, modified or restricted by the Host (“Statutory Rights”). (g) The Host’s liability to the Guests is governed solely by any applicable laws (such as the ACL and any other similar or related consumer protection laws) and by this Agreement. (h) To the maximum extent permitted by law, the Host excludes all conditions and warranties implied by custom, law or statute, except for the Guests’ Statutory Rights, and the Host expressly disclaims all warranties of any kind. (i) The Guests hereby agree that the Guests are solely responsible for determining whether the Property is fit for the Guests’ purpose. (j) When the Guests’ Statutory Rights apply, to the maximum extent possible, the Host’s liability in respect of any claim is limited to, at the Host’s option: (I) the supply of the Booking again; or (II) the payment of the cost of having the Booking supplied again (k) The Host’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. (l) This clause will survive termination, expiration or completion of this Agreement.
(a) The Guests hereby indemnify and keep indemnified the Host and any of the Host’s employees, agents, subcontractors, representatives or affiliates (each hereinafter being referred to as an “Indemnified Party”) against any and all loss, damage, claim, demand or liability whatsoever (whether criminal or civil) and any and all legal and other fees and costs incurred by the Host resulting from: (I) the Guests’ use of the Property or anything provided under this Agreement; (II) any transaction, contract, event or matter arising from or connected with the Guests’ use of the Property; or (III) the relationship between the Host and the Guests. (b) The Guests shall not be liable under the indemnity given under this clause where a court of competent jurisdiction, giving a final judgment, holds that any loss, damage or liability is the result of the gross negligence, wilful misconduct or bad faith of an Indemnified Party. (c) This clause will survive the termination or expiration of this Agreement.
The Guests hereby warrant that they will compensate the Host for any harm, loss or damage which the Host suffers as a result of the actions of the Guests, or of any invitees of the Guests and/or of any other occupants of the Property. This includes but is not limited to harm, loss or damage to the Property or to the Items, or any lost income which the Host suffers as a result of being unable to provide the Property to subsequent guests.
(a) Any breach or anticipated breach by the Guests of any of the terms of this Agreement will permit the Host to enter the Property, to cancel or alter the Booking and/or to remove the Guests from the Property. (b) In the event that a Booking is cancelled or the Guests are removed from the Property, the Guests will not be entitled to a refund of any money paid under this Agreement.
(25) APPLICABLE LAW
This Agreement is subject to the laws of Victoria and each Party submits to the jurisdiction of the courts of Victoria.
If any clause or sub-clause of this Agreement is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances the remaining provisions of this Agreement shall continue in full force and effect.
(27) SURVIVAL OF OBLIGATIONS
At the termination or expiration or Completion of this Agreement, any provisions of this Agreement which would by their nature be expected to survive termination or expiration shall remain in full force and effect, including but not limited to any provisions which explicitly state that they will survive termination or expiration.
(28) RESPONSIBLE ADULT
(a) The person who enters this Agreement as the Guest will be nominated as the primary point of contact and the person responsible for managing the Booking on behalf of all of the Guests (“the Responsible Adult”). (b) The Responsible Adult warrants that he or she is at least 18 years of age. (c) The Responsible Adult warrants that he or she is authorised to enter this Agreement on behalf of all of the Guests that the Booking relates to. (d) The Responsible Adult warrants that the information he or she has provided to the Host is accurate and complete, including but not limited to the information that the Host has provided about the number of additional Guests that will be staying at the Property, and the names of all other Guests. (e) The Responsible Adult must ensure that all of the Guests as well as any invitees of the Guests, and any persons who occupy or attend the Property during the Booking Term or for any part of the Booking Term, understand and agree to this Agreement, and comply with all of the Guest’s obligations under this Agreement.
(29) PROBLEMS WITH THE PROPERTY
(a) In the event that there is a problem with the Property, Guests should contact the Host on 0429180667. (b) Guests will not be entitled to a refund in the event that there are problems with the Property including but not limited to problems with television, stereo, fridge, wifi, other appliances, plumbing, electrical systems, or lights.
In case of emergency, phone 000 for the police, fire brigade, or an ambulance.
By making a Booking to stay at the Property the person making the Booking confirms that all Guests have had the opportunity to read and understand the terms of this Agreement and they agree to be bound by this Agreement.
House Rules are provided at the Property to ensure that Guests and Visitors know, comply and accept the specific Rules governing their permission to enter and occupy the Property. When booking this home, the guest/s agree and acknowledge the Property Owner is not responsible for any loss or damage to any personal property, injury, disability or fatality even death arising from whatsoever reasons while using the Property facilities.
4.1 General requirements
a) Guest and Visitors must comply with all House Rules, By-Laws and instructions from the Manager and security services during their stay;
b) Guests must notify the Manager of any disputes or complaints from neighbours as soon as is practicable.
4.2 Noise and Residential amenity
a) Guests and Visitors must not create noise which is offensive to occupiers of neighbouring properties especially between 10pm – 8am and during arrival and departure at any time throughout the occupancy;
b) Offensive noise is prohibited and may result in termination of permission to occupy the Property, eviction, loss of rental paid and extra charges for security and other expenses which may be deducted from Security Deposit or Bond under the Terms and Conditions;
c) Guests and Visitors must not engage in anti-social behaviour and must minimise their impact upon the residential amenity of neighbours and local community.
a) Guests are responsible for ensuring the limits set on Visitor numbers is complied with at all times;
b) Guests are responsible for ensuring that Visitors comply with these House Rules.
4.4 Gatherings or functions
a) The Property is not a “party house” and any such activities are strictly prohibited.
a) Guests and Visitors are to comply with parking regulations and other requirements set out below and show consideration to neighbours and other vehicles;
b) Parking arrangements at the Property are as follows: • Driveway parking (please ensure you lock your cars) • Street parking – there are parking spaces a few metres away near the tennis court.
4.6 Garbage and Recycling
a) Guests and Visitors are to dispose of garbage and recycling in accordance with the usual practice at the Property (as set out below) in the allocated bins, and excess rubbish must not be left in public or common areas;
b) Garbage and recycling arrangements at the Property are as follows: Please place any garbage bags etc in the correct bins. If your stay covers a Friday morning, please place garbage bins on the opposite side of the street on the pavement ready for bin collection.
Waste Collection bins are as follows:
Green Lid Bin – What’s accepted in my organics bin? Most garden clippings can be put into your organics bin. This includes: ✓grass clippings ✓leaves, twigs and flowers ✓small branches and raw timber offcuts (up to 30cm long and 10cm in diameter) ✓weeds
Yellow Lid Bin – Rigid plastics numbered 1 to 5*, which typically includes: ✓ Milk and other plastic drink bottles ✓ Yoghurt, ice cream and margarine tubs ✓ Detergent and shampoo bottles ✓ Berry punnets ✓ Biscuit trays ✓ Takeaway containers ✓ Plastic plates Paper and Cardboard X Milk and juice cartons no longer accepted for recycling – please place in your landfill bin ✓ Boxes – uncoated ✓ Newspapers ✓ Magazines ✓ Junk mail ✓ Envelopes (you can leave the clear windows in) ✓ Egg cartons What about empty pizza boxes? If the base is greasy or has food attached, rip the box apart and put the clean cardboard in the recycle bin, and the greasy part in your home compost or general waste bin. Metals ✓ Drink cans ✓ Tins and cans (including Milo tins, etc) ✓ Metal lids ✓ Empty aerosol cans (lid off) ✓ Aluminium foil – scrunched into the size of a golf ball ✓ Aluminium foil trays (rinsed clean)
Brown Lid – Landfill Bin- What’s accepted in my landfill bin? ✓ broken crockery, glass and mirrors ✓ plastic bags, garbage bags, clingwrap and other soft plastic packaging (but it’s better to take these to a recycle collection point). ✓ coffee pods (check to see if you can recycle yours somewhere) ✓ polystyrene and foam, including meat trays, cups and packaging ✓ used dish cloths and sponges ✓ nappies ✓ tissues ✓ band aids ✓ disposable razors ✓ cotton buds and dental floss ✓ sanitary and incontinence products ✓ kitty litter (wrapped) ✓ rags, clothing and shoes that cannot be repaired or reused ✓ light globes and tubes ✓ video tapes ✓ ropes, hoses and strapping
Purple Lid – Glass Only Bin (no lids or caps) Starting 1 February 2021, all glass bottles and jars will go in the glass-only bin with the purple lid. Glass will no longer be accepted in the yellow-lidded recycling bin after that date.
Holiday home owners/part time residents can drop off recyclables and a small amount of general household waste at any time when leaving Surf Coast Shire. When the transfer stations are open, please use the general public drop-off point listed above. When the transfer stations are closed you can drop off at the following after-hours collection points: Torquay – 130 Messmate Road, please follow the signs to drop-off facility adjacent to the Surf Coast Shire Torquay works depot. The drop off point is clearly marked with signs. Do not deposit waste at any other location within 130 Messmate Road.
Whenever you are absent from the Property, close all windows and doors to maintain security and prevent rain and water damage.
Smoking is not permitted indoors. If smoking in the back yard please place your butts in the bin.
Pets are not permitted.
A barbecue and utensils has been provided for your enjoyment. Please wipe the barbecue down after use. Lift the grates from the barbecue and wash in the sink when doing this. Cloths, detergent paper towelling have been provided in the bar cupboard.
4.11 Pool Rules
Strictly no drinking or eating beyond the pool security fence. If coming back from the beach, please shower in the outdoor shower located outside laundry door before entering the pool/spa.
Strictly no glass in the pool or surrounding barbecue area.
Strictly no jumping/diving off the retaining wall featuring the large format concrete tiles surrounding the pool.
Strictly no children under the age of 14 or anyone who does not know how to swim allowed in the pool area without an adult.
Diving is Strictly prohibited as it can lead to injury.
The Pool is only for swimming, any other fun play in the pool should be avoided. Children swimming with inflated teaching aids need strict supervision by the parents. Children who are not toilet trained must wear Swim Nappies. Children swimming with inflated teaching aids need strict supervision by the parents. Any person suffering from a known serious medical condition (e.g. heart disease, severe circulation problems, epilepsy or respiratory problems) should not use the Swimming Pool. Persons under the influence of alcohol or drugs are strictly prohibited from using the pool or in the surrounding area. Spitting, spouting of water, blowing nose in the pool are prohibited. Throwing litter in pool premises is strictly prohibited as it may choke pipe lines/drainage system of swimming pool. Do not wear holy thread, golden chain, rings or other similar thing while swimming.
Do not swim when you are hungry, exhaustive, overheated and for at least an hour after the meal. Walk; do not run in and around the pool facility for your and other safety.
4.12 Damages and Breakages
Damages and breakages must be reported to the Manager.
4.13 Departure arrangements
Arrangements for security, dishwashing, rubbish, etc are:
• Please lock the front door behind you.
• Please ensure all other doors are locked in the property;
• Please ensure dishes have been washed and put away.
• Please ensure all rubbish bags have been placed in the bins located at the front of the house.
4.14 Emergency Contact
In the event of an emergency relating to the Property, please telephone
Kylie Walton on 0429 180 667 or Paul Walton on 0427 461 401
a) Breach of these House Rules is a breach of the Terms and Conditions of occupancy.
b) The Owner and Manager reserve the right to terminate permission to occupy and to evict from the Property Guests or Visitors who refuse to follow these House Rules or who cause a nuisance.